3.6.2 Overnight Stays, Holidays and Foreign Travel |
AMENDMENTS
Section 5, Passports for Looked After Children was revised in October 2009 with a reference and link to see the Identity and Passport Service Guidance
Contents
- Overnight Stays
- Holidays
- Foreign Travel
- Arrangements for a Child to Live Abroad
- Passports for Looked After Children
- Birth Certificates
1. Overnight Stays
Parental Consent
In all cases a child’s Care Plan or Placement Information Record and Agreement must clearly state the arrangements for allowing a child to stay away from their carers and the extent to which decision-making is delegated.
If the child is accommodated under s20 of the Children Act 1989 consent to overnight stays is most appropriately given in writing by the parent, usually when the Care Plan is signed. This can be:
- Delegated to Children’s Social Care on all occasions
- Requested on each occasion
- Given for specific named individuals in advance
Where parental consent is forthcoming there is no requirement to seek CRB disclosures. Where parents are unreasonably withholding consent this may constitute a breach of the child’s human rights and legal advice should be sort.
If the child is subject to a Care Order, parental views should be sought, wherever possible. However Children’s Social Care will have the right to determine overnight stay arrangements by itself, if necessary.
If the child is remanded to local authority accommodation, consent should be sought as if the young person were accommodated under s20, subject to any conditions and expectations of the Court.
Once a young person reaches the age of 16 years, parents are no longer able to give or withhold consent. However their views will continue to be significant in any decision-making.
All decisions and reasons for them must be recorded on the child’s file.
It should be normal practice to delegate day to day decision making about agreeing to a looked after child staying overnight with friends to the child’s foster carer or residential staff, and to state this in the foster placement agreement or Care Plan or Placement Information Record and Agreement as applicable.
Foster carers and residential staff considering a request from a child to stay overnight with a friend or friends should base their decision on the following factors:
- Are there any relevant restrictions contained for exceptional reasons in the child’s Care Plan, foster placement agreement, or residential placement plan, or any Court orders, which restrict the child from making particular overnight stays?
- Are there any factors in the child’s past experiences or behaviour, which would preclude overnight stays?
- Are there any grounds for concern that the child may be at significant risk in the household concerned or from the activities proposed?
- Is the child staying in the household with another child or children, rather than staying solely with an adult or adults?
- The age and level of understanding of the child concerned
- What is known about the purpose of the overnight stay?
- The length of the stay
Foster carers and residential staff must keep a record of all overnight stays away from the placement and share this information with the child’s Social Worker.
Organised Trips
Where a child wishes to stay away with a recognised organisation (Scouts, Guides or school) and the child’s Social Worker is satisfied that the organisation has sound recruitment practices, which will ensure the safety of children, then consent may be given by the Social Worker.
If the Social Worker is not satisfied as to the recruitment practices, then checks must be made before consent is given. Advice should be sought from the Head of Service. All decisions must be recorded and confirmed in writing.
Agency Consent
In all cases the child’s Placement Agreement must state clearly the process for allowing the child to stay away from her/his carer. The guiding principle is that the carers will know the child and her/his friends best.
This means the carer is usually in the best position to judge the suitability of any overnight stay. This knowledge will depend on the child and the length of time s/he has been in placement.
Where the consent for the overnight stay rests with Children’s Social Care, then the child may be allowed to stay overnight where the following applies:
- The period is no longer than 24 hours
- The child is staying with a friend of similar age who is under 18 years
- The child will be in the care of a responsible adult
- The child’s carer would permit the arrangement for a child of their own
The carer or Social Worker would need to consider how the arrangements are likely to meet the needs of the child including:
- The likely behaviour of the child
- The influence the friend and the family may have
- The risk the child may pose to others
- The risks the child may face
- The child’s vulnerability
- The child’s own wishes and feelings
- The views of the child’s parents
The responsibility of carers is no different from what would be expected of a reasonable parent and would include in every case:
- The carer had previously met the friend
- The carer had agreed the arrangement with the friend’s parent/carer
- The carer knows the name and address and telephone number of the friend’s home
- The carer had been given some indication of what the child would be doing
- The carer is clear that any health needs would be met
- The carer has advised the responsible adult whom to contact in an emergency
- The carer is able to enquire, if appropriate, during the stay how things are going
The granting of consent to stay overnight is designed to assist children in their social development and to help them lead similar lives to any other child.
2. Holidays
Introduction
This procedure sets out the position concerning when, how and who may give consent to looked after children going on holiday.
It is vital that looked after children have the same access as others to holiday opportunities. This procedure is not intended to obstruct that objective – only to ensure that formal approval is given only after all necessary safeguards and plans have been checked.
Accommodated Cases - S20 1989 CA
Those with parental responsibility continue to exercise it in relation to accommodated children. Their agreement to holiday arrangements must be obtained in writing. This applies to UK and overseas holidays. Situations such as these do not technically require senior officer approval, since those with parental responsibility provide the consent, however formal agreement should still be sought from the Head of Service for the operational team as a safeguard for all those children we ‘look after’, whether by Care Order or by agreement.
In every case the Team Manager must be satisfied that the various checks outlined below have been made so that the Department can be satisfied that all reasonable safeguards are in place. All such checks must be recorded on the child’s case file.
Care Order Cases - S31 1989 CA
The agreement of those with parental responsibility is not mandatory (see exception below - periods outside the UK in excess of one month ) but should be sought as part of our commitment to working in partnership with parents.
Therefore, unless there are compelling reasons not to, those with parental responsibility must be advised in writing by the Social Worker of the holiday proposals, and their written agreement must be obtained wherever possible.
If they have an objection they can then make it, and the reasonableness of this objection must be assessed by the Head of Service for the operational team. This applies to UK and overseas holidays.
Those planning to take children on holiday (Foster carers, residential Social Workers etc.) have a duty to advise the child’s Social Worker well in advance and to provide full details of the arrangements (such as those set out below).
The child’s Social Worker and Team Manager must be fully satisfied that the planned holiday will be safe and that all necessary safeguards have been attended to.
General Issues
As well as seeking consent Social Workers will need to consider the following issues:
- Does the child/young person want to go?
- What are the travel, supervision and insurance arrangements and are they adequate?
- If the planned holiday has ‘activities’ are there enough qualified supervisors on site and are the risks ‘reasonable’?
- Is there any financial implication for the Department, and if so, has it been authorised by the LAC Panel?
- It is vital that the destination address with emergency contact arrangements is held on file
- Vaccinations, where necessary, must be arranged (advice may be sought from the Medical Adviser)
3. Foreign Travel
This section applies to all children looked after by the local authority and living away from their parents where a temporary trip (less than 28 days) outside the United Kingdom is proposed.
Note that s33 of the Children Act prohibits overseas holidays for children subject to Care Orders which are longer than one month unless all those with parental responsibility agree or, if they do not, that leave of the Court is obtained.
Definition of "UK" for These purposes
The law defines the United Kingdom as comprising England, Wales, Scotland and Northern Ireland but not the Isle of Man or the Channel Islands.
Holiday With, or Visit to, Parents in Another Country
Child on a Care Order
The Head of Service must approve such a holiday or visit (Placement of Children with Parents etc. Regulations 1991, apply).
Child who is Accommodated
The Head of Service for the operational team must approve such a holiday or visit.
In these circumstances there must be a clear written agreement with the parents about the length of the stay. The parents must be informed, in writing, that if the child is not returned by the agreed date, s/he will be deemed to be no longer accommodated.
Holiday With, or Visit to, Relatives or Friends not Approved as Foster Carers, in Another Country
Child on a Care Order
The Head of Service for the operational team must approve such a holiday or visit (Placement of Children with Parents etc. Regulations 1991 may apply).
Child who is Accommodated
The Head of Service must approve such a holiday or visit.
In these circumstances there must be a clear written agreement with the parents about the length of the stay. The parents must be informed, in writing, that if the child is not returned by the agreed date, s/he will be deemed to be no longer accommodated. See also Missing Procedures Error! Reference source not found..
Accompanying Foster Carers on Holidays Abroad
Child on a Care Order or Accommodated
The Head of Service must approve such a holiday or visit.
Holiday Organised by a Residential Unit for the Young People Living There
Child on a Care Order or Accommodated
The Head of Service must approve such a holiday or visit.
School Trips Abroad
Child on a Care Order or Accommodated
The Head of Service must approve such a holiday or visit.
The Head of Service must, in all these situations, give careful consideration to the following points:
- Will the trip benefit the child and meet her/his needs?
- Can the child's welfare be properly safeguarded by the adult/s that will be caring for her/him? An assessment of the care/supervisory arrangements will need to be made
- What is the likelihood of the child absconding while out of the country?
- Is the young person a current offender? If s/he is, then is the timing of the holiday appropriate within the context of a recently committed offence or pattern of offending i.e. could the holiday be construed as a reward for offending? If there is any doubt and the Social Worker wishes to make the case for her/him to have a holiday abroad then the matter must be discussed with the Group Manager before a decision about the holiday is taken
The case responsible manager may wish to convene a Child Care Planning meeting, to consider these points, although this is unlikely to be necessary in most cases.
Requests for the Head of Service's approval for Foreign Travel
Requests must be set out concisely in a memo to the Head of Service for the operational team addressing all the points and conditions above and enclosing already prepared letters as necessary.
In all circumstances the Group Manager’s decision as to whether the child will be permitted to leave the United Kingdom must be put in writing and placed on file.
4. Arrangements for a Child to Live Abroad
The Law
While these procedures refer in the main to local children in care to Lambeth, there are other children where Social Workers are faced with a request or plan for an unaccompanied asylum seeking child to be repatriated to their country of origin. This is a complex legal area and Social Workers must refer to the latest Foreign Office guidance (Foreign and Commonwealth Office website) and seek legal advice.
Children on Care Orders
Schedule 2 19(1) of the Children Act 1989 states that ‘A Local Authority may only arrange for, or assist in arranging for, any child in their care to live outside England and Wales with the approval of the Court’.
The child may, however, leave the United Kingdom for a period of less than 28 days without the Court's permission (Children Act 1989 s33 (7)).
The Court shall not give its approval for a child to live outside England and Wales unless it is satisfied that:
- Living outside England and Wales would be in the child's best interests
- Suitable arrangements have been, or will be made, for her/his reception and welfare in the country in which s/he will live
- The child has consented to living in the country and
- Every person who has parental responsibility for the child has consented to her/his living in that country
Where the Court is satisfied that the child does not have sufficient understanding to give her/his informed consent, then it may still give its approval if the child will be living with a parent, guardian or other suitable person.
In circumstances where the consent of a person with parental responsibility is withheld then the Court can dispense with this consent if it is satisfied that the person concerned:
- Cannot be found
- Is incapable of consenting
- Is withholding his consent unreasonably
If a person with parental responsibility withholds his consent to a child leaving England and Wales and the Court decides to dispense with the consent then s/he may appeal against the Court's decision.
The Court may in these circumstances order that its decision should not take effect unless it is upheld as a result of the appeal hearing.
Children who are Looked After but not on Care Orders
Schedule 2 19 (2) states that: ‘A Local Authority may , with the approval of every person who has parental responsibility for the child, arrange for, or assist in arranging for, any other child looked after by them to live outside England and Wales’.
The Planning Process
When a decision is to be taken as to whether it is in a child's interests to live outside England and Wales, this should be made at a looked after review.
Following the review a Planning Meeting should be held, chaired by the Independent Reviewing Officer.
The Planning Meeting will primarily be required when the child is in care, but a Planning Meeting must also be held when the local authority is being asked to financially support the plan for an accommodated child to live outside England and Wales. The following people must be invited to this meeting:
- The child’s Social Worker
- Team Manager
- Child
- Parents/people with parental responsibility
- A solicitor (if the child is in care)
- The present carers
- The proposed carers (if available)
- The Supervising Social Worker, if the child is fostered
If the proposal is that the child should live or stay temporarily (24 hours or more) with a parent then the Placement with Parents Procedure should be followed.
The decision to recommend to the Court that a child on a Care Order should be allowed to live abroad with someone other than the parents is delegated to the case holding Head of Service.
The Head of Service must give consideration to the following areas:
- The reason why the plan for the child to live outside England and Wales is the best way of meeting her/his needs
- A description of the home conditions and other relevant information about the country to which the child will be going, including details of potential problems, such as political unrest, wars, epidemics
- Detailed background information - about the relatives, friends or other people with whom the child will be living including an assessment of their ability to meet the child's needs and safeguard her/his welfare and their motivation in wanting to take over the child's care
- Where the proposed stay outside England and Wales is to be a temporary one, then what the likelihood is of the child returning or being returned by the carers to this country
- Information about how the child's other identified needs will be met if s/he is to live permanently outside England and Wales
Particular attention should be given to the following:
- The child's educational needs and the level of provision in the new home area
- Specialist resources available to help a child with a disability or particular health needs
- The child's racial, cultural, religious and language needs and how it is proposed that they will be met
- The views of the child
- The views of the parents and those with parental responsibility. Where these are in opposition to the plan, it will be important to consider any alternative plans proposed by the parents
- Arrangements for contact with parents, those with parental responsibility, relatives and other significant people in the child's life
- The facilities in the country where the child will be living, for supervising and supporting the placement
Where it is agreed that it will be in the child's best interests to live outside England and Wales with someone who is not a parent or person with parental responsibility, then it is the policy of Children’s Social Care to encourage the proposed carer(s) to apply to the Court in England and Wales for a Residence Order or Special Guardianship Order (which automatically discharges the Care Order).
The carer(s) may take this course of action regardless of where they currently live or what their nationality/immigration status is.
If the child's parent or a person with parental responsibility objects to this plan then an additional Planning Meeting must be held, without the dissenting party(ies) present, to consider whether there are the grounds for asking the Court to dispense with their consent.
Court Reports in Support of the Plan for a Child In Care to Live Permanently Outside England and Wales, or Stay Temporarily for 28 days of More Outside the United Kingdom
If it is proposed that the child should live permanently outside England and Wales or temporarily (28 days or more) outside the United Kingdom, then in the subsequent Court proceedings involving the child, the local authority will be required to produce a report detailing it's views and recommendations.
This report must include the following elements:
- Factual information about the child and the current placement
- Brief social history of the child and family including the reasons why the child is in the local authority's care
- Details of the Care Plan and the reasons why it is believed that it will be in the child's best interests to live outside England and Wales
- Information about the people with whom it is proposed that the child will live, their circumstances and support systems. This must include an assessment of their suitability to care for the child, meet her/his needs, safeguard her/his welfare and their motivation in wanting to take over the child's care. Reports about the child's proposed carers and domicile should be obtained from the International Social Services of Great Britain, if a member of staff is unable to make a personal assessment of the situation
- Information about the country in which the child will be living and any major changes to the child's lifestyle which will result from the move. Potential risks for the child should be noted, e.g. civil war, political instability
- Details of how the child's other identified needs will be met outside England and Wales, including arrangements for contact with parents, those with parental responsibility and other significant people in the child's life
- The child's views
- The views of the parents and all those with parental responsibility. Where any of these views are in opposition to the proposal, reasons must be given as to why it is believed that consent is being withheld unreasonably
- Arrangements for returning the child to England and Wales should it prove impossible for the child's needs to be met in the country where s/he is to live
Where the Court's permission is required for a temporary stay of 28 days or more outside the United Kingdom then the report should only address the points that are relevant.
In addition the report must include details of why this trip will be of benefit to the child and an assessment of the likelihood of the child absconding while out of the country.
5. Passports for Looked After Children
Accommodated Children
Where a child is accommodated the responsibility for obtaining a passport will remain with the parent although the local authority may wish to facilitate a child visiting abroad and would seek to gain parental approval and agreement.
Child on Care Order
In all cases where a child or young person is subject to a Care Order the application form must be accompanied by a letter on behalf of the Assistant Director, Children’s Social Care signed by the Head of Service for the operational team stating:
- That the child is subject to a Care Order under s31 of the Children Act 1989 (or, if another section, that section)
- Details of the proposed journey (if known, otherwise a general description of the journeys to be undertaken e.g. annual holidays with foster carers)
- That Children’s Social Care undertakes to comply with the provisions of the Children Act 1989 before removing the child from the jurisdiction of the Court
If the child is to be out of the country for longer than one month the Passport Office will also need to see written evidence of either the consent of the persons with parental responsibility (if available), or, (if not) written evidence of leave of the Court given under s33(7) of the Children Act 1989.
Child on Care Order Aged 11 or Under
Section 6 of the application form must be left blank.
Section 9 must be signed by the Head of Service.
Section 10 must be completed and the photograph countersigned by the Head of Service.
Child on Care Order Aged 12 to 15
- The child must complete and sign section 6.
- Section 9 must be signed by the Head of Service.
- Section 10 must be completed and the photograph countersigned by the Head of Service .
Child on Care Order Aged 16 or 17
The Head of Service must sign section 7.
The young person must complete and sign section 9.
Section 10 must be completed and the photograph countersigned by the Head of Service .
Unaccompanied Minors
A young person, who was an asylum seeker, has been refused asylum but granted ELR or discretionary or humanitarian protection cannot apply for a passport. They can apply for a Certificate of Identity, valid for one year only and after very prescriptive rules are applied.
Those young people who are looked after who have been granted refugee status are not permitted to travel on their national passports and if they wish to travel abroad can apply for a UN Convention travel document.
For further advice on paspport applications, see the Identity and Passport Service Guidance
6. Birth Certificates
Birth certificates may be required by or for looked after children in a variety of circumstances, including the child needing a passport or where prospective adopters are making an application for an Adoption Order in respect of the child.
Wherever possible the original birth certificate should be obtained form the child’s birth parent(s) and returned to them when the need for the certificate is over (e.g. a passport has been obtained) or at the latest when the child is returned to the care of birth parents.
Where it is not possible to obtain a certificate in this way, either due to lack of co-operation from the parents or because the certificate is missing, the child’s Social Worker must obtain a new birth certificate.
Birth certificates can be obtained:
- In person from the Family Records Centre
- Locally from the register office where the birth was registered
- On-line from the website of the General Register Office
Full details and an on-line application form can be found at the Home Office and Identity Passport Service website.
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